Proposed Rule2021-26433
Finding of Failure To Attain the Primary 2010 One-Hour Sulfur Dioxide Standard for the St. Bernard Parish, Louisiana Nonattainment Area
Primary source
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Published
December 7, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the St. Bernard Parish sulfur dioxide (SO<INF>2</INF>) nonattainment area ("St. Bernard area" or "area") failed to attain the primary 2010 one-hour SO<INF>2</INF> national ambient air quality standard (NAAQS) under the Clean Air Act (CAA or the Act) by the applicable attainment date of October 4, 2018. This proposed determination is based upon review of compliance records for the area's primary SO<INF>2</INF> source, the Rain CII Carbon, LLC (Rain) facility, in addition to dispersion modeling based on the allowable limits showing design values close to the SO<INF>2</INF> NAAQS. If the EPA finalizes this determination as proposed, the State of Louisiana will be required to submit revisions to the Louisiana State Implementation Plan (SIP) that, among other elements, provide for expeditious attainment of the 2010 SO<INF>2</INF> standard.
Full Text
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Proposed Rules]
[Pages 69210-69215]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26433]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0558; FRL-9308-01-R6]
Finding of Failure To Attain the Primary 2010 One-Hour Sulfur
Dioxide Standard for the St. Bernard Parish, Louisiana Nonattainment
Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the St. Bernard Parish sulfur dioxide (SO<INF>2</INF>)
nonattainment area (``St. Bernard area'' or ``area'') failed to attain
the primary 2010 one-hour SO<INF>2</INF> national ambient air quality
standard (NAAQS) under the Clean Air Act (CAA or the Act) by the
applicable attainment date of October 4, 2018. This proposed
determination is based upon review of compliance records for the area's
primary SO<INF>2</INF> source, the Rain CII Carbon, LLC (Rain)
facility, in addition to dispersion modeling based on the allowable
limits showing design values close to the SO<INF>2</INF> NAAQS. If the
EPA finalizes this determination as proposed, the State of Louisiana
will be required to submit revisions to the Louisiana State
Implementation Plan (SIP) that, among other elements, provide for
expeditious attainment of the 2010 SO<INF>2</INF> standard.
DATES: Comments must be received on or before January 6, 2022.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0558, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. While all documents in
the docket are listed in the index, some information may not be
publicly available due to docket file size restrictions or content
(e.g., CBI). Publicly available docket materials are available
electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Karolina Ruan Lei, EPA Region 6
Office, SO<INF>2</INF> and Regional Haze Section (R6-ARSH), 214-665-
7346, <a href="/cdn-cgi/l/email-protection#225057434c0f4e474b0c4943504d4e4b4c43624752430c454d54"><span class="__cf_email__" data-cfemail="82f0f7e3ecafeee7ebace9e3f0edeeebece3c2e7f2e3ace5edf4">[email protected]</span></a>. Out of an abundance of caution for
members of the public and our staff, the EPA Region 6 office will be
closed to the public to reduce the risk of transmitting COVID-19. We
encourage the public to submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as there will be a delay in processing mail and no
courier or hand deliveries will be accepted. Please call or email the
contact listed above if you need alternative access to material indexed
but not provided in the docket.
[[Page 69211]]
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means EPA.
Table of Contents
I. Background
A. The 2010 SO<INF>2</INF> NAAQS
B. Designations and Attainment Dates for the 2010 SO<INF>2</INF>
NAAQS
C. Louisiana's Nonattainment SIP Revision
II. Proposed Determination
A. Applicable Statutory and Regulatory Provisions
B. Monitoring Network Considerations
C. Data Considerations and Proposed Determination
a. Monitor Data
b. Modeling Data
c. Record of Compliance
d. EPA's Proposed Determination
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. The 2010 SO2 NAAQS
Under section 109 of the Act, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established. The primary NAAQS represent ambient air quality standards
the attainment and maintenance of which the EPA has determined,
including a margin of safety, are requisite to protect the public
health. The secondary NAAQS represent ambient air quality standards the
attainment and maintenance of which the EPA has determined are
requisite to protect the public welfare from any known or anticipated
adverse effects associated with the presence of such air pollutant in
the ambient air.
Under the CAA, the EPA must establish NAAQS for criteria
pollutants, including SO<INF>2</INF>. SO<INF>2</INF> is primarily
released to the atmosphere through the burning of fossil fuels by power
plants and other industrial facilities. SO<INF>2</INF> is also emitted
from industrial processes including metal extraction from ore and heavy
equipment that burn fuel with a high sulfur content. Short-term
exposure to SO<INF>2</INF> can damage the human respiratory system and
increase breathing difficulties. Small children and people with
respiratory conditions, such as asthma, are more sensitive to the
effects of SO<INF>2</INF>. Sulfur oxides at high concentrations in
ambient air can also react with compounds to form small particulates
that can penetrate deeply into the lungs and cause health problems.
The EPA first established primary SO<INF>2</INF> standards in 1971
at 0.14 parts per million (ppm) over a 24-hour averaging period and 0.3
ppm over an annual averaging period.\1\ In June 2010, the EPA revised
the NAAQS for SO<INF>2</INF> to provide increased protection of public
health, providing for revocation of the 1971 primary annual and 24-hour
SO<INF>2</INF> standards for most areas of the country following area
designations under the new NAAQS.\2\ The primary 2010 SO<INF>2</INF>
NAAQS is 75 parts per billion (ppb), or 0.075 ppm, over a one-hour
averaging period.\3\ A violation of the 2010 one-hour SO<INF>2</INF>
NAAQS occurs when the annual 99th percentile of ambient daily maximum
one-hour average SO<INF>2</INF> concentrations, averaged over a 3-year
period, exceeds 75 ppb.\4\
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\1\ See 36 FR 8186 (April 30, 1971).
\2\ See 40 CFR 50.4(e).
\3\ See 75 FR 35520 (June 22, 2010).
\4\ See 40 CFR 50.17.
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B. Designations and Attainment Dates for the 2010 SO2 NAAQS
Following promulgation of any new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS. On August 5, 2013, the EPA
finalized its first round of designations for the 2010 primary
SO<INF>2</INF> NAAQS.\5\ In this 2013 action, the EPA designated 29
areas in 16 states as nonattainment for the 2010 SO<INF>2</INF> NAAQS,
including the St. Bernard area in Louisiana. The EPA designated the St.
Bernard area nonattainment based on certified monitoring data for years
2009 through 2011.\6\ The EPA's initial round of designations for the
2010 SO<INF>2</INF> NAAQS including the St. Bernard area became
effective on October 4, 2013. Pursuant to CAA section 192(a), the
maximum attainment date for the St. Bernard area was October 4, 2018,
five years after the effective date of the final action designating the
area as nonattainment for the 2010 SO<INF>2</INF> NAAQS.
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\5\ See 78 FR 47191 (August 5, 2013).
\6\ See 78 FR 47191, codified at 40 CFR part 81, subpart C.
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C. Louisiana's Nonattainment SIP Revision
Section 172(c) of the CAA lists the required components of a
nonattainment plan submittal. In addition to an attainment
demonstration, the nonattainment plan addresses the requirements for
meeting reasonable further progress (RFP) toward attainment of the
NAAQS, implementation of reasonably available control measures and
reasonably available control technology (RACM/RACT), base-year and
projection-year emission inventories, a new source review permit
program, enforceable emissions limitations and control measures, and
contingency measures. The attainment demonstration includes a modeling
analysis showing that the enforceable emissions limitations and other
control measures taken by the state will provide for RFP and
expeditious attainment of the NAAQS (section 172(c)(2), (4), (6), and
(7)).
On November 9, 2017, the Louisiana Department of Environmental
Quality (LDEQ) submitted a nonattainment area SIP for the St. Bernard
Parish area. On February 8, 2018, LDEQ submitted a letter to the EPA,
accompanied by an Administrative Order on Consent (AOC), dated February
2, 2018, executed between LDEQ and the Rain CII Carbon, LLC (Rain)
facility, that included new emissions limits for the Rain facility's
cold stack and hot stack/pyroscrubber, as well as monitoring, testing
and recordkeeping requirements. LDEQ submitted this as a source
specific SIP revision and supplement to the 2017 nonattainment area
SIP. Rain is a coke calcining operation that includes a waste heat
recovery boiler. During normal operations, the exhaust from the
calcining operation is routed through the recovery boiler and then
through a scrubber and finally to the atmosphere through what is termed
the ``cold stack.'' During start up and times when the recovery boiler
is down, emissions are routed to the atmosphere through what is known
as the ``hot stack.'' The modeling covers three operation scenarios:
Cold stack only operation, hot stack only operation, and a transitional
period with emissions through both stacks. The transition period from
hot stack to cold stack occurs in a phased approach, gradually routing
more and more exhaust to the cold stack from the hot stack until all
exhaust is routed to the cold stack. The emission limits in the AOC
included all operation regimes at the facility, with differing emission
limits depending on the stage of operation defined by a minimum or
range of flowrates and stack temperatures of the cold and hot stacks.
On April 19, 2018, we published a proposed rulemaking action to approve
the 2010 SO<INF>2</INF> Primary NAAQS Nonattainment Area SIP revision
for St. Bernard Parish.\7\ The April 19, 2018 action proposed approval
of the following CAA SIP elements: The attainment demonstration for the
SO<INF>2</INF> NAAQS; enforceable emissions limits including the AOC
dated February 2, 2018, for the Rain facility; RFP plan; RACM and RACT
demonstrations; emission inventories; and contingency
[[Page 69212]]
measures. We also proposed to find that the State had demonstrated that
its current nonattainment new source review (NNSR) program covered the
2010 one-hour SO<INF>2</INF> NAAQS; therefore, no revision to the SIP
was required for the NNSR element.
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\7\ See 83 FR 17349 (April 19, 2018).
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After the close of the public comment period to the April 19, 2018
proposal, the LDEQ submitted additional information to EPA on August
24, 2018.\8\ The additional information was submitted to EPA partly in
response to a public comment that expressed concern that Rain would
need to modify the February 2018 AOC entered between Rain and LDEQ as
Rain did not believe that it could meet the limits set forth in the AOC
without an additional extension to the compliance dates.\9\ In response
to the comment, and in order to determine feasible emission limits for
operations during transitions from exhaust flow through the hot stack
to the cold stack, LDEQ granted an extension of the deadline of the
February 2018 AOC on April 27, 2018.\10\
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\8\ See letter from Secretary Chuck Carr Brown to Anne Idsal,
August 24, 2018, St. Bernard 2008 Sulfur Dioxide State
Implementation Plan Supplemental Information and Executed
Administrative Order on Consent (AOC) included in the docket for
this action.
\9\ See the April 24, 2018 letter (in the docket to this action)
from Senator Cassidy to EPA that referred to Rain's need to modify
the February 2, 2018 AOC.
\10\ See April 27, 2018 Letter from Secretary Chuck Carr Brown
to Rain in the docket for this action.
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On August 2, 2018, Rain and LDEQ revised their existing AOC. On
August 24, 2018, LDEQ supplemented their SIP submittal with the revised
AOC and additional modeling analysis. On October 9, 2018, LDEQ again
supplemented their SIP with an updated modeling analysis. The revised
AOC \11\ and the October 9, 2018 modeling files served as a supplement
to the November 9, 2017 and February 8, 2018 SIP submittals and
incorporated certain additional AOC revisions (dated August 2, 2018)
and supporting modeling into the 2010 SO<INF>2</INF> NAAQS
Nonattainment Area SIP revision for St. Bernard Parish. On February 8,
2019, EPA proposed to approve LDEQ's August 24, 2018 and October 9,
2018 submittals as a supplement to the prior SIP submittals (84 FR
2801). Please refer to EPA's April 19, 2018 proposed approval and
February 8, 2019 supplemental notice of proposed rulemaking.
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\11\ AOC signed by LDEQ and Rain on August 2, 2018, and
submitted to EPA on August 24, 2018.
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In a May 29, 2019 final action, EPA approved the nonattainment SIP
for the St. Bernard area (84 FR 24712). For additional information
concerning the St. Bernard Parish, Louisiana nonattainment SIP revision
see docket ID No. EPA-R06-OAR-2017-0558 available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
II. Proposed Determination
A. Applicable Statutory and Regulatory Provisions
Section 179(c)(1) of the Act requires the EPA to determine whether
a nonattainment area has achieved an applicable attainment date based
on the area's air quality as of the attainment date. A determination of
whether an area's air quality meets applicable standards is generally
based upon the most recent three years of complete, quality-assured
data gathered at established state and local air monitoring stations
(SLAMS) in a nonattainment area and entered into the EPA's Air Quality
System (AQS) database.\12\ Data from ambient air monitors operated by
state and local agencies in compliance with the EPA monitoring
requirements must be submitted to AQS.\13\ Monitoring agencies annually
certify that these data are accurate to the best of their
knowledge.\14\ All SO<INF>2</INF> data are reviewed to determine the
area's air quality status in accordance with 40 CFR part 50, Appendix
T.
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\12\ AQS is the EPA's repository of ambient air quality data.
\13\ See 40 CFR 58.16.
\14\ See 40 CFR 58.15.
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Under EPA regulations in 40 CFR 50.17 and in accordance with 40 CFR
part 50 Appendix T, the 2010 one-hour annual SO<INF>2</INF> standard is
met when the design value is less than or equal to 75 ppb. Design
values are calculated by computing the three-year average of the annual
99th percentile daily maximum one-hour average concentrations.\15\ An
SO<INF>2</INF> one-hour primary standard design value is valid if it
encompasses three consecutive calendar years of complete data. A year
is considered complete when all four quarters are complete, and a
quarter is complete when at least 75 percent of the sampling days are
complete. A sampling day is considered complete if 75 percent of the
hourly concentration values are reported; this includes data affected
by exceptional events that have been approved for exclusion by the
Administrator.\16\
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\15\ As defined in 40 CFR part 50, Appendix T section 1(c),
daily maximum 1-hour values refer to the maximum one-hour
SO<INF>2</INF> concentration values measured from midnight to
midnight that are used in the NAAQS computations.
\16\ See 40 CFR part 50, Appendix T sections 1(c), 3(b), 4(c),
and 5(a).
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We note that when determining the attainment status of
SO<INF>2</INF> nonattainment areas, including when making
determinations of attainment by the attainment date, in addition to
ambient monitoring data, the EPA may also consider air quality
dispersion modeling and/or a demonstration that the control strategy in
the SIP has been fully implemented.\17\ With regard to the use of
monitoring data for such determinations, the EPA's SO<INF>2</INF>
Nonattainment Area Guidance specifically notes that ``[i]f the EPA
determines that the air quality monitors located in the affected area
are located in the area of maximum concentration, the EPA may be able
to use the data from these monitors to make the determination of
attainment without the use of air quality modeling data.'' If there are
no air quality monitors located in the affected area, or there are air
quality monitors located in the area, but analyses show that none of
the monitors are located in the area of maximum concentration,\18\ then
air quality dispersion modeling will generally be needed to estimate
SO<INF>2</INF> concentrations in the area. In this case, as discussed
in our proposed actions on the St. Bernard nonattainment plan and
Technical Support Documents (TSDs),\19\ the monitors are not located in
the area of expected maximum concentration, meaning we-must also
consider the available modeling data in determining whether the area
attained by the attainment date. When relying on a modeling
demonstration based on allowable emissions for purposes of determining
attainment by the attainment date, the EPA looks to whether the
emission limit or limits were adopted and whether the relevant source
or sources were complying with those modeled limits prior to the
attainment date. That is, when determining attainment by the attainment
date using air quality modeling of allowable emissions, EPA looks to
whether the state has demonstrated that the control strategy in the SIP
has been fully implemented (compliance records demonstrating that the
control measures have been implemented as required by the approved
SIP). This is necessary because a modeling demonstration based on
allowable emissions is not itself sufficient since, without the
supporting emissions information
[[Page 69213]]
reflected in the control strategy, there would be no way to confirm
that the actual emissions were below the modeled limits within the
period under review.
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\17\ EPA, April 23, 2014 Guidance for 1-Hour SO<INF>2</INF>
Nonattainment Area SIP Submissions (``SO<INF>2</INF> Nonattainment
Area Guidance''), page 49.
\18\ See section VIII.A of the SO<INF>2</INF> Nonattainment Area
Guidance
\19\ See EPA's April 19, 2018 proposed approval (83 FR 17349),
February 8, 2019 supplemental notice of proposed rulemaking (84 FR
2801) and EPA's Technical Support Documents, available in the docket
for this action.
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B. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires states to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. The EPA's monitoring requirements are
specified by regulation in 40 CFR part 58. These requirements are
applicable to state, and where delegated, local air monitoring agencies
that operate criteria pollutant monitors. In section 4.5 of Appendix D
to 40 CFR part 58, the EPA specifies the minimum requirements for
SO<INF>2</INF> monitoring sites to be classified as state or local air
monitoring stations (SLAMS). SLAMS produce data that are eligible for
comparison with the NAAQS, and therefore, the monitor must be an
approved federal reference method (FRM) or federal equivalent method
(FEM), per section 2 of Appendix C to 40 CFR part 58. In St. Bernard
Parish, LDEQ operates a SLAMS monitor at Chalmette-Vista (EPA Site ID
22-087-0007, 24 E Chalmette Circle). In addition, LDEQ operates a
special purpose monitor (SPM) at Meraux (EPA Site ID 22-087-0004, 4101
Mistrot Drive).
C. Data Considerations and Proposed Determination
a. Monitor Data
Under 40 CFR 58.15, monitoring agencies must certify, on an annual
basis, data collected at all SLAMS by FRM, FEM, and special purpose
monitors (SPMs) that meet EPA quality assurance requirements. In doing
so, monitoring agencies must certify that the previous year of ambient
concentration and quality assurance data are completely submitted to
AQS and that the ambient concentration data are accurate to the best of
their knowledge.
The one-hour SO<INF>2</INF> design values at Chalmette Vista and
Meraux monitoring sites within the St. Bernard area for the 2013-2020
period are shown below.
Table 1--2013-2020 One-Hour Design Values for the St. Bernard Area
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Chalmette
vista Meraux
Years design design
value value
(ppb) (ppb)
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2013-2015.......................................... 114 19
2014-2016.......................................... 82 16
2015-2017.......................................... 73 13
2016-2018.......................................... 59 10
2017-2019.......................................... 44 7
2018-2020.......................................... 42 8
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The attainment date for the area was October 4, 2018. In order for
the EPA to determine that the area attained by the October 4, 2018
attainment date based solely on air quality monitoring data, the design
value based upon complete, quality-assured monitored air quality data
from three consecutive years (2015-2017) at each eligible monitoring
site must be equal to or less than 75 ppb for the one-hour standard,
and air quality modeling would need to show that there was an air
quality monitor located in the area of maximum concentration.
Although the one-hour SO<INF>2</INF> design values at the Chalmette
Vista monitoring site located within the St. Bernard area show a
downward trend of SO<INF>2</INF> concentrations less than 75 ppb for
the one-hour standard beginning with the 2015-2017 design value, this
monitor is not located in the area of maximum predicted concentration,
and therefore cannot be used, on its own, to determine that the St.
Bernard Parish area attained by the attainment date.
b. Modeling Data
LDEQ and Rain developed the one-hour SO<INF>2</INF> emission limits
contained in the August 2, 2018 AOC to ensure compliance with the
SO<INF>2</INF> NAAQS. The emission limits in the AOC were effective
August 2, 2018. The LDEQ undertook an additional modeling analysis
which also incorporated the amended stack parameters and utilized more
recent allowable emission rates from other contributing sources, an
expanded receptor grid, and covered all operating scenarios. The
additional modeling used the most recent version of AERMOD and followed
EPA's guidance for SIP modeling for SO<INF>2</INF>.\20\ The analysis
included modeling allowable emissions and stack parameters for
different operational stages at the Rain facility, including stand-
alone operations for the waste heat boiler and the pyroscrubber as well
as transition stages between the two modes of operation; a summary of
the results is given in Table 2. The modeling demonstration approved in
the nonattainment SIP demonstrates that compliance with the emission
limits and required stack parameters in the AOC provide for attainment,
with predicted SO<INF>2</INF> concentrations near (just below) the
NAAQS if the emission limits and stack parameters are met.\21\
Additional, more detailed discussion of the State's modeling is
contained in the TSD for the EPA's proposed Approval and Promulgation
of Implementation Plans; Louisiana Attainment Demonstration for the St.
Bernard Parish 2010 SO<INF>2</INF> Primary National Ambient Air Quality
Standard Nonattainment Area published on February 8, 2019 (84 FR 2801).
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\20\ See Appendix A, page A-1 of the SO<INF>2</INF>
Nonattainment Area Guidance.
\21\ See Table 2.
Table 2--Summary of LDEQ Supplemental Modeling Results for the St. Bernard Parish SIP Using the Emission Limits
and Stack Parameters From the AOC
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Operational stage Model design value
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Waste Heat Boiler Stack Alone............................. 190.8 [micro]g/m\3\ (72.9 ppb).
Pyroscrubber Stack Alone.................................. 176.6 [micro]g/m\3\ (67.4 ppb).
Transition between Pyroscrubber Stack to the Waste Heat 185.6 [micro]g/m\3\ (70.9 ppb).
Boiler Stack (transitional stage with maximum design
value).
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c. Record of Compliance
As noted, when relying on modeling of allowable emissions to
support a determination of whether an area has attained by its
attainment date, the EPA must also look at whether the control strategy
in the SIP has been fully implemented and whether the relevant sources
in an area are complying with the emission limits and stack parameters
required in the SIP. As discussed above, the modeling, based on the
August 2, 2018 AOC limits, shows attainment of the NAAQS with maximum
modeled concentrations just below the 75 ppb standard. Emissions higher
than modeled limits and/or
[[Page 69214]]
actual stack parameters (flowrate or temperature) below the modeled
stack parameters can result in downwind concentrations higher than
those modeled. We note that Rain's compliance records, Title V
deviation reports, and annual stack tests since August 2, 2018 (the
effective date of AOC) demonstrate a pattern of difficulty complying
with the SIP emission limits at all times and difficulty in estimating
emissions and flowrates from the pyroscrubber to demonstrate
compliance.\22\ During the 9-week period between when the AOC limits
became effective (August 2, 2018) and the attainment date (October 4,
2018), Rain reported that deviations occurred on 7 separate days for a
total duration of 27.2 hours (25.2 hours due to calculated pyroscrubber
flowrates less than the AOC requirements, and 2 hours when cold stack
emissions exceeded the AOC emission limits).\23\ Rain has since
identified the need to revise the limits and potentially adjust the
methodology used to estimate emissions and flowrates in the
pyroscrubber that are contained in the AOC. In March of 2019, Rain
conducted the first annual stack test as required by the August 2, 2018
AOC.\24\ The 2019 stack test report found that ``the AOC hot stack
equation underestimates hot stack emissions during most of the
transition from hot stack to cold stack'' and ``[d]uring no hour did
the combined flue gas flow and temperature meet the description of any
transition stage.'' The report then states ``the AOC limits and
conditions do not reflect actual emissions conditions and it is
difficult to identify the appropriate transition stage,'' before
recommending that the August 2018 AOC's flue gas flow rates,
temperatures, and emissions limits for transitions stages 1, 2, and 3
be replaced with new conditions. Generally, one stack test may not be
determinative, but the EPA believes that it is reasonable to conclude
that the problems identified in the 2019 stack test were significant
and, in conjunction with the 2018 semiannual monitoring report
violations, indicative that the facility not only failed to meet the
AOC requirements during the two days of the stack test, but likely
failed to meet the 2018 AOC's transition stage operational requirements
during the period between the effective date of the AOC and the
attainment date.
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\22\ See deviations listed in semiannual monitoring reports for
2018. We also note as dicta that the source continued to experience
deviations in 2019 and 2020. The semiannual monitoring reports for
2018, 2019, and 2020 as well as the 2019 and 2020 stack test reports
are available in the docket for this action.
\23\ See deviations listed in semiannual monitoring report for
July 1-December 31, 2018.
\24\ Annual stack tests are a requirement of the August 2, 2018
AOC. The 2019 stack test was the first annual stack test performed
pursuant to this requirement.
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The EPA also notes that the semiannual monitoring report for
January through June 2020, while not the basis or rational for our
decision making, includes additional deviations indicating that the
facility continued to have difficulty complying with the limits in the
SIP after the attainment date had passed. The report further states
that: ``Rain continues to analyze this and similar deviations to
identify a corrective action. The permit requirements do not match
actual start-up conditions. Rain is in negotiations with EPA and LDEQ
to revise the permit requirements to reflect actual start-up
conditions.''
From the available information, EPA cannot determine with certainty
that the area attained the NAAQS as the emissions and stack parameters
at times fall outside the limits and conditions modeled in the approved
attainment demonstration. The noted violations of the permit limits or
underestimated emissions may have resulted in violations of the one-
hour SO<INF>2</INF> NAAQS in areas other than the monitored location.
Furthermore, the data demonstrates a clear need for development of a
new attainment SIP with revised limits that better align with the
source's operations and modeling to demonstrate attainment.
d. EPA's Proposed Determination
Based on our review of the monitor, modeling and compliance data,
EPA proposes to find that the St. Bernard area did not attain the 2010
one-hour SO<INF>2</INF> NAAQS by the October 4, 2018 attainment date.
The modeling data demonstrates that the emission limits and stack
parameters in the AOC required of the Rain facility were necessary for
the St. Bernard area to attain the standard. However, review of Rain's
compliance record demonstrates that emissions have exceeded those
limits, and stack temperatures and flowrates have not met the necessary
parameters to demonstrate attainment in the St. Bernard area. As
described in the previous section, Rain reported deviations during the
period between the effective date of the limits and the attainment
date. Rain has also reported underestimation of emissions from the hot
stack when comparing estimated emissions to the measured emissions
during the 2019 stack test indicative that Rain has failed to meet the
AOC limits since the effective date. We also note, without relying
upon, that Rain continued to report deviations in additional stack
tests and deviation reports from 2018, 2019, and 2020. Under CAA
section 179(d)(2), if the EPA determines that an area did not attain
the NAAQS by the applicable deadline, the responsible air agency has up
to 12 months from the effective date of the determination to submit a
revised SIP for the area demonstrating attainment and containing any
additional measures that the EPA may reasonably prescribe that can be
feasibly implemented in the area in light of technological
achievability, costs, and any non-air quality and other air quality-
related health and environmental impacts as required. According to CAA
section 179(d)(3), this revised SIP is to achieve attainment of the
one-hour SO<INF>2</INF> NAAQS as expeditiously as practicable, but no
later than 5 years from the effective date of the area's failure to
attain (i.e., 5 years after the EPA publishes a final action in the
Federal Register determining that the nonattainment area failed to
attain the SO<INF>2</INF> NAAQS). In addition to triggering
requirements for a new SIP submittal, a final determination that a
nonattainment area failed to attain the NAAQS by the attainment date
would trigger the implementation of contingency measures adopted under
172(c)(9).
III. Proposed Action
Under CAA section 179(d)(2), the EPA proposes to determine that the
St. Bernard Parish SO<INF>2</INF> nonattainment area has failed to
attain the 2010 one-hour SO<INF>2</INF> standard of 75 ppb by the
applicable attainment date of October 4, 2018. This determination is
based upon review of (1) the state's air quality modeling
demonstration, which showed the emission limits and stack parameters
required at Rain, the primary source of SO<INF>2</INF> emission in the
area, that were necessary to provide for the area's attainment and (2)
Rain's available compliance records. The state's dispersion modeling,
which was based on the allowable limits in the AOC, showed that with
compliance with the limits, modeled design values were close to the
SO<INF>2</INF> NAAQS. Rain has demonstrated a pattern of difficulty
meeting its federally enforceable applicable SO<INF>2</INF> emission
limits and stack parameters (memorialized in its Title V permit and the
AOC). Emissions have exceeded those limits, and stack temperatures and
flowrates have not met the necessary parameters to demonstrate
attainment in the St. Bernard area, including the deviations noted
above during the period between the effective date of the limits and
the attainment date and reported underestimation of emissions from the
[[Page 69215]]
hot stack. If finalized as proposed, the State of Louisiana would be
required under CAA section 179(d) to submit revisions to the SIP for
the St. Bernard area. The required SIP revision for the area must,
among other elements, demonstrate expeditious attainment of the
SO<INF>2</INF> standard within the time period prescribed by CAA
section 179(d) and such additional measures as the Administrator may
reasonably prescribe that can be feasibly implemented in the area in
light of technological achievability, costs, and any non-air quality
and other air quality-related health and environmental impacts. If
finalized as proposed, the SIP revisions required under CAA section
179(d) would be due for submittal to the EPA no later than one year
after the publication date of the final action.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="http://www2.epa.gov/laws-regulations/laws-and-executive-orders">http://www2.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and therefore
was not submitted to the Office of Management and Budget (OMB) for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the PRA because it does not contain any information
collection activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This
proposed action, if finalized, would require the state to adopt and
submit SIP revisions to satisfy CAA requirements and would not itself
directly regulate any small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
or more, as described in UMRA (2 U.S.C. 1531-1538) and does not
significantly or uniquely affect small governments. This action itself
imposes no enforceable duty on any state, local, or tribal governments,
or the private sector. This action proposes to determine that the St.
Bernard Parish SO<INF>2</INF> nonattainment area failed to attain the
SO<INF>2</INF> NAAQS by the applicable attainment dates. If finalized,
this determination would trigger existing statutory timeframes for the
State to submit SIP revisions. Such a determination in and of itself
does not impose any federal intergovernmental mandate.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. The proposed finding of failure to attain the
SO<INF>2</INF> NAAQS does not apply to tribal areas, and the proposed
rule would not impose a burden on Indian reservation lands or other
areas where the EPA or an Indian tribe has demonstrated that a tribe
has jurisdiction within the St. Bernard Parish SO<INF>2</INF>
nonattainment area. Thus, this proposed rule does not have tribal
implications and will not impose substantial direct costs on tribal
governments or preempt tribal law as specified by Executive Order
13175.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This proposed action is not
subject to Executive Order 13045 because the effect of this proposed
action, if finalized, would be to trigger additional planning
requirements under the CAA. This proposed action does not establish an
environmental standard intended to mitigate health or safety risks.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211, because
it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
effect of this proposed action, if finalized, would be to trigger
additional planning requirements under the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Pollution, Reporting and
recordkeeping requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 1, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-26433 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.